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The State of Minority- and Women- Owned ... - Cleveland.com

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<strong>The</strong> City <strong>of</strong> Clevel<strong>and</strong>’s Clevel<strong>and</strong> Small Business, <strong>Minority</strong> Business Enterprise, <strong>and</strong><br />

Female Business Enterprise Program: Overview <strong>and</strong> Feedback Interviews<br />

• If a Contracting Department applies the Bid Discount to the bid <strong>of</strong> a bidder that<br />

would not have otherwise been the lowest <strong>and</strong> the bidder is awarded the Contract, the<br />

Contract terms shall prohibit the contractor from deducting the amount <strong>of</strong> the<br />

additional retainage from progress payments to the CSB subcontractors. 326<br />

Contracting Departments may apply a Bid Discount <strong>of</strong> 5 percent for bids received from certified<br />

MBE <strong>and</strong> FBE prime contractors. 327<br />

d. Evaluation Credits<br />

Contracting Departments may apply an Evaluation Credit <strong>of</strong> 5 percent <strong>of</strong> the total points awarded<br />

for proposals received from MBE <strong>and</strong> FBE prime contractors. 328 “Evaluation Credit” means a<br />

predetermined number <strong>of</strong> points in the evaluation <strong>of</strong> proposals to be added solely for the purpose<br />

<strong>of</strong> proposal <strong>com</strong>parison when evaluating <strong>com</strong>peting proposals. <strong>The</strong> use <strong>of</strong> Evaluation Credits<br />

does not alter the amount <strong>of</strong> the proposal or the contract executed based on the proposal.<br />

Departments may apply Evaluation Credits as follows for proposals received from CSB prime<br />

contractors:<br />

• An Evaluation Credit <strong>of</strong> 5 percent <strong>of</strong> the total points awarded for proposals received<br />

from CCSBs.<br />

• An Evaluation Credit <strong>of</strong> 5 percent <strong>of</strong> the total points awarded for proposals received<br />

from RCSBs, provided no proposals are received from CCSBs. 329<br />

5. Contract Award Procedures<br />

Each Bidder for a contract must make a “good faith effort” to utilize certified CSBs, MBEs, <strong>and</strong><br />

FBEs in a percentage that equals or exceeds the applicable goal. Each bidder whose bid includes<br />

participation by CSBs, MBEs, or FBEs must demonstrate that the Bidder:<br />

• Has reached a specific written agreement with each participating CSB, MBE, <strong>and</strong><br />

FBE subcontractor;<br />

• Has accurately <strong>and</strong> fully represented the essence <strong>of</strong> their agreement in the bid<br />

documents; <strong>and</strong><br />

• Is using CSBs, MBEs, <strong>and</strong> FBEs in a way that <strong>com</strong>plies with the Code <strong>and</strong> the<br />

Regulations.<br />

326 C.O. 187.03 (d).<br />

327 C.O. 187.05 (c).<br />

328 C.O. 187.05 (d).<br />

329 C.O. § 187.03 (c).<br />

NERA Economic Consulting 296

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